Exterro's E-Discovery & Privacy Breakdown // Mike Hamilton

The world of E-Discovery & Privacy is constantly changing – let us break it down for you with a weekly dose of News, Resources, Case Law, and Humor, all written in a concise and easy to understand format.

Parties Escape Spoliation Sanctions Even with a "Woeful Lack of Proactivity"

Created on November 4, 2019


Director of Marketing at Exterro

Wolff v. United Airlines (D. Colo. Sept. 17, 2019) showcases being reactive rather than proactive regarding preservation obligations. The two parties in this case escaped spoliation sanctions—even though both parties showed a “woeful lack of proactivity, thoughtfulness or reasonableness in attempting to meet their preservation obligations.” Overview:In this employee termination/discrimination case, the plaintiff and the defendant both moved for spoliation sanctions against each other.The plaintiff alleges that the defendant failed to preserve his company cell phone, company computer, and handwritten notebooks, all of which contained relevant evidence to the case. Based on this... Read More

ACC Conference Recap: Privacy Laws Igniting a Sea Change for In-House Attorneys

Created on November 1, 2019


Director of Marketing at Exterro

The Association of Corporate Counsel (ACC) has over 40,000 in-house attorney members, meaning the ACC Annual Conference boasts the largest gathering of in-house attorneys every year. The people who attend this conference are the drivers of the legal market. they are the client. They set the market for what legal services and technology will be leveraged by legal service providers (law firms, consultants, service providers).For an industry that is slow to change, that characteristic was hard to find here at the ACC Conference this year. Most the sessions I attended involved a... Read More

Visit Exterro at the ACC Annual Meeting

Created on November 1, 2019


Director of Marketing at Exterro

From today until Wednesday, Exterro will be hosting a booth at the Association of Corporate Counsel’s Annual Meeting in Phoenix, Ariz., highlighting our Vendor Risk Service solution. Additionally, Exterro will be hosting a session that breaks down third-party data and privacy and cybersecurity risks on October 30 at 10:30 a.m.. That session details how to ensure third parties you partner with are complying with regulations like the California Consumer Privacy Act (CCPA), and has been fully booked. Exterro will be offering demos of our Vendor Risk Service platform at our booth, which... Read More

Friday Funnies - Exterro's Meme Series: Cat Bun Edition

Created on October 25, 2019


Director of Marketing at Exterro

No, this is not a shameless attempt to tie a cat meme to e-discovery. 👀 Seriously though, Technology Assisted Review (TAR) is pretty cool, and you can read about it in our Comprehensive Guide to E-Discovery Review. After all, it's always nice to get an extra set of eyes on potentially sensitive material. And cat memes.  If you're looking for an additional laugh, you can always visit our entire catalog of E-Discovery Memes and Cartoons, and feel free to share the fun with friends and colleagues. Remember, E-Discovery is always better when... Read More

The Vexing Question of "Possession, Custody, Control" in Today's Digital Age

Created on October 18, 2019


Director of Marketing at Exterro

Pentel v. Shepard (D. Minn. Aug. 8, 2019) re-enforces that in today’s digital world, the question of whether a party has possession, custody or control over information requested to be produced is a vexing one. In this case, a wireless service provider with records of old text messages was in the defendants’ control. Overview:In this business conspiracy case, the plaintiff motioned the court to compel the defendant to produce allegedly relevant text messages. The defendant argued that he didn’t need to produce the text messages because he no longer had “possession, custody or... Read More

3 Ways to Simplify E-Discovery Across the Extended Enterprise

Created on October 4, 2019


Director of Marketing at Exterro

When you think about the challenges to developing a simplified e-discovery process, what comes to mind? Chances are, a handful of words stand out—words like “cost,” “time,” and “risk,” to name a few. However, those are also words you can use to describe an e-discovery process that hasn’t totally matured yet. Without a simplified e-discovery process that’s efficient across all your business functions, there’s a good chance you’re spending more money and time than you’d like, and potentially putting your organization at a greater risk than is necessary. Let’s take a look... Read More

Case Law Alert: Cautionary Tale of How Not to Conduct Discovery

Created on October 4, 2019


Director of Marketing at Exterro

Abbott Laboratories, et al. v. Adelphia Supply USA (E.D.N.Y. May 2, 2019) re-enforces that every once in a while there is a case that showcases exactly what not to do in e-discovery. This is that case, and it led to a recommendation for one of the harshest penalties possible: a default judgement.Overview:In this case centering around the illegal selling of the plaintiffs’ products, the plaintiff motioned for a default judgment against the defendants for egregious e-discovery misconduct. Within e-discovery, the Magistrate Judge concluded that the defendants did the following: Produced information in a single PDF document, 1,941 pages... Read More